Making of the Indian Constitution: Formation and Working of the Constituent Assembly

TABLE OF CONTENTS

  1. Introduction
  2. Historical Background of Constitutional Developments
    • Early constitutional reforms (1858–1935)
    • Growth of national consciousness
  3. Demand for a Constituent Assembly
    • Indian proposals
    • British concessions
  4. Cabinet Mission Plan (1946)
    • Terms
    • Election and composition
  5. Formation of the Constituent Assembly
    • First session
    • Key appointments
    • Objective Resolution
  6. Effects of Partition (1947)
    • Mountbatten Plan
    • Participation of princely states
    • Reorganization of seats
  7. Working of the Constituent Assembly
    • Committee system
    • Functions and methodology
    • Debate themes
  8. Sources of the Indian Constitution
  9. Drafting Committee and Drafting Process
  10. Adoption and Enactment of the Constitution
  11. Important Personalities and Their Contributions
  12. Significance of the Constituent Assembly
  13. Summary / Conclusion

MAKING OF THE INDIAN CONSTITUTION: FORMATION AND WORKING OF THE CONSTITUENT ASSEMBLY

1. Introduction

The Constituent Assembly of India was the body that drafted and enacted the Constitution of India, the world’s lengthiest written constitution. Its formation marked the culmination of nearly a century of political evolution, nationalist struggle, and constitutional experimentation under colonial rule. It embodied sovereignty of the people, reflecting democratic aspirations in a newly independent nation.

2. Historical Background of Constitutional Developments

2.1 Indian Councils Act, 1861

  • Introduced limited legislative representation.
  • Indian participation still minimal.

2.2 Indian Councils Act, 1892

  • Increased Indian seats in councils.
  • Early political groups demanded more reforms.

2.3 1909 – Morley-Minto Reforms

  • Introduced separate electorates for Muslims.
  • Indian political awakening deepened.

2.4 1919 – Montagu-Chelmsford Reforms

  • Introduced dyarchy in provinces.
  • INC demanded full self-government.

2.5 1935 – Government of India Act

  • Blueprint for administrative structure.
  • Provided autonomy in provinces.
  • But failed to satisfy national aspirations.

All these developments strengthened the national demand for a constitution made by Indians for Indians.

3. Demand for a Constituent Assembly

3.1 Early Indian Thought

  • 1895: INC drafts “Constitution of India Bill” (first outline of a constitution).
  • 1918–1920: Annie Besant and Tilak advocate self-government.
  • 1922: M.N. Roy proposes a Constituent Assembly of elected Indians.

3.2 Formal Recognition by National Leaders

  • 1934: Idea strongly supported by C. Rajagopalachari.
  • 1935: INC declares Constituent Assembly as official demand.

3.3 British Response

  • August Offer (1940): First official acceptance of right to frame constitution.
  • Cripps Mission (1942): Proposed an elected Constituent Assembly after WWII, but with veto powers for provinces → rejected by INC.

Thus, the stage was set for the Cabinet Mission Plan of 1946.

4. Cabinet Mission Plan (1946)

A turning point in India’s constitutional journey.

Key Provisions

  • Constituent Assembly with 389 seats:
    • 292 – Elected by provincial legislatures
    • 93 – Princely states
    • 4 – Chief commissioner’s provinces
  • Indirect election using proportional representation & single transferable vote.
  • Grouping of provinces:
    • Group A: Madras, Bombay, UP, Bihar, etc.
    • Group B: Punjab, Sindh, NWFP, Baluchistan
    • Group C: Bengal, Assam
  • No separate Muslim or Sikh state.
  • Assembly to draft constitution AND remain part of interim government.

Election Results (July–Aug 1946)

  • INC – 208 seats
  • Muslim League – 73 seats
  • League refused to join the Assembly initially, demanding Pakistan.

5. Formation of the Constituent Assembly

First Meeting: 9 December 1946

  • Attendance: Primarily INC and independent members.
  • Dr. Sachchidananda Sinha appointed Temporary Chairman.

11 December 1946: Permanent Leadership

  • Dr. Rajendra Prasad elected President (Chairman) of the Assembly.
  • H.C. Mukherjee – Vice President.
  • B.N. Rau – Constitutional Advisor (drafted initial notes).

Objective Resolution

  • Introduced: 13 December 1946
  • By: Jawaharlal Nehru
  • Adopted: 22 January 1947

Its principles later became the Preamble of the Constitution.

6. Effects of Partition (1947)

3 June 1947 – Mountbatten Plan

Announced partition of India into India and Pakistan.

Changes in the Assembly

  • Assembly membership reduced from 389 → 299.
    • 229 – British Indian Provinces
    • 70 – Princely states
  • Muslim League members (from areas belonging to Pakistan) withdrew.

Princely States

  • Initially reluctant but persuaded by Sardar Vallabhbhai Patel and V.P. Menon.
  • Many joined after signing Instruments of Accession.

7. Working of the Constituent Assembly

7.1 Working Committees

22 Committees (8 major + 14 minor).
Key committees and chairmen:

  1. Union Powers Committee – Nehru
  2. Union Constitution Committee – Nehru
  3. Provincial Constitution Committee – Sardar Patel
  4. Drafting Committee – Dr. B.R. Ambedkar
  5. Advisory Committee on Fundamental Rights and Minorities – Patel
  6. Steering Committee – Rajendra Prasad
  7. Rules of Procedure – Rajendra Prasad
  8. States Committee for Negotiations – Patel

Important Sub-Committees

  • Fundamental Rights – J.B. Kripalani
  • Minorities – H.C. Mukherjee
  • Tribal Areas – A.V. Thakkar
  • North-East Frontier Areas – Gopinath Bordoloi

7.2 Methodology of Constitution-Making

The Assembly worked in three readings:

First Reading

  • General discussion of principles.

Second Reading

  • Clause-by-clause debate.
  • Amendments moved, debated, voted.

Third Reading

  • Final consideration & passing of the Constitution.

Facts

  • Total sittings: 165
  • Total time: 2 years 11 months 17 days
  • Total expenditure: ₹64 lakh
  • Cost per day: ₹10,000 approx.

7.3 Themes of Debates

1. Nature of Government

  • Parliamentary vs. Presidential → Parliamentary adopted.

2. Federal vs. Unitary

  • Strong centre needed for stability → Federal with unitary bias.

3. Fundamental Rights

  • Inspired by US, Ireland; balanced rights with reasonable restrictions.

4. Minority Protection

  • Debates over separate electorates; eventually rejected.

5. Language

  • Hotly debated.
  • Final decision: Hindi in Devanagari + English for a transitional period (15 years).

6. Judiciary

  • Independent judiciary + judicial review (influenced by US).

7. Emergency Powers

  • Borrowed from the Weimar Constitution.
  • Ambedkar called emergency provisions the Constitution’s “safety valve.”

8. Sources of the Indian Constitution

FeatureBorrowed From
Fundamental Rights, Judicial ReviewUSA
DPSPsIreland
Parliamentary SystemUK
Federalism with Strong CentreCanada
Emergency ProvisionsWeimar (Germany)
Concurrent ListAustralia
Amendment ProcedureSouth Africa
Independent JudiciaryUSA + UK
Preamble conceptUSA

Additionally, the Government of India Act 1935 influenced:

  • Federal structure
  • Governor’s office
  • Public service commissions
  • Emergency administration
  • Court system

9. Drafting Committee and Drafting Process

Drafting Committee (appointed 29 August 1947)

Members:

  • Dr. B.R. Ambedkar (Chairman)
  • N. Gopalaswami Ayyangar
  • K.M. Munshi
  • Alladi Krishnaswamy Ayyar
  • Syed Mohammad Saadullah
  • B.L. Mitter (resigned; replaced by N. Madhava Rau)
  • D.P. Khaitan (died; replaced by T.T. Krishnamachari)

Process

  • Studied constitutions worldwide.
  • Examined 7,600+ amendments; accepted about 2,400.
  • Submitted first draft: February 1948
  • Revised draft: October 1948
  • Final draft: 21 November 1949

Ambedkar played the most crucial role, hence known as the Chief Architect of the Indian Constitution.

10. Adoption and Enactment of the Constitution

26 November 1949

  • Constitution adopted.
  • 284 members signed it.

26 January 1950

  • Constitution came into force.
  • India became a Republic.
  • Dr. Rajendra Prasad became first President of India.

The date 26 January chosen to commemorate Purna Swaraj Day (1930).

11. Important Personalities & Contributions

  • Dr. B.R. Ambedkar – Drafting, rights of citizens, social justice.
  • Jawaharlal Nehru – Objective Resolution, Union Powers, international outlook.
  • Sardar Vallabhbhai Patel – Integration of states, Federal structure, minority rights.
  • Rajendra Prasad – Steering the Assembly.
  • B.N. Rau – Constitutional advisor; prepared original draft outline.
  • K.M. Munshi – Fundamental Rights drafting.
  • Alladi Krishnaswamy Ayyar – Legal and federal principles.
  • Gopinath Bordoloi – Tribal regions protection.
  • H.C. Mukherjee – Minority rights.

12. Significance of the Constituent Assembly

  • Sovereign body—worked independent of British control.
  • Represented plural India (religions, castes, regions, professions).
  • Set up structures of democracy, rights, federalism, justice, rule of law.
  • Demonstrated deliberative democracy, with open debates and reasoned arguments.
  • Became a model for many post-colonial nations.

13. SUMMARY / CONCLUSION

The making of the Indian Constitution was a monumental democratic exercise carried out by a diverse, dedicated, and visionary Constituent Assembly. Evolving from decades of national struggle and constitutional experiments, the Assembly—formed through the Cabinet Mission Plan—reflected the political wisdom and aspirations of India’s leaders.

Over nearly three years, it debated every provision with remarkable diligence, drawing upon global best practices while addressing India’s unique cultural, social, and political conditions. The outcome was a Constitution that established a sovereign, socialist, secular, democratic republic, laid down fundamental rights and duties, created institutions of governance, and set India on a path of constitutional democracy.

The Constituent Assembly’s legacy is not just a document but a living guide for Indian democracy, symbolizing the collective will and vision of the people of India.

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